Boenhardt v. Loch
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Albin Boenhardt, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 7th day of April, 1908, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint.
1Opinion of the Court
Scott, J.:
I am of the opinion that the complaint was rightly dismissed, for the plaintiff is clearly not entitled to the relief he seeks, which is that the capital of the relief fund now in the hands of the defendants be distributed to him and to such other sufferers from the Slocum disaster as may still survive and still suffer from the results of that accident. We may not be able to say precisely what the donors of the fund intended should be done with the money, but we may feel reasonably certain that they did not intend such a distribution as plaintiff asks for. The evidence, unless we…
2Cases cited1 opinion
- Loch v. MayerNew York Supreme Court · 1906